This is a short order disposing of a writ petition challenging interference with the petitioner's bio-product business. The High Court relied on prior common orders regarding the subject matter and disposed of the petition without costs.
Writ petition disposed of in terms of prior common orders without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 1543 OF 2023
Between:
Amma Agri Tech ., Having its Factory and Registered office at PLOT No.206/7, Phase-ll, IDA Cherlapally, R.R. Dist - 500 051, Telangana. Rep. By its Proprietor R.Chaitanya S/o. R. Chandra Sekhar Azad, Occ.Business C/o. H.No.1-1-24116, Street No.B N, Bhavani Nagar, Kapra, Near Radhika Multiplex, ECIL, Hyderabad - 500 062.
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court ma'i b! pleased to issue a writ or direction, particularly one in the nature of Writ of Mandams declaring the action of the Respondent authorities in interfering with manufacture, sale and marketing <if bio-products of Petitioner Company. The Petitioner Company is manufacturing the bio products under the brand name of AMMA AGRI TECH manufacturing, Distribution, sale and marketing of its Bio products i.e., Sharp, Pro Cromo, X-Carrt, Force, Reserve, Green Kick, Spectrum, Blink, Green Land, Nuclear, Nuton, Fortune, 3D-N, Arrow, Argonn. The 2nd Respondent in pursuance of the Memo No. PPI(1)2085/2005 dt. 21-01-2006 and consequential Letter No. PPll (1)2085/2005 dt. 21-01-2006 as being illegal, arbitrary, unconstitutional and withoutjurisdiction and in violation of Articles 14, 19 (1) (g), 21 and 300-4 of the Constitution of lndia and consequently direct the respondent authorities not to interfere with the Petitioners business of manufacture, sale and marketing of its bioproducts under the name and style of AMMA AGRI TECH including from the licensed premises of the Petitioner Company and its dealers/stockiests in the State of Telangana under the
lnsecticides Act, 1 9€ 8 and Fertilizers Control Order'1985 anrlpasr; such other order or orders;
A NO:1 OF 2023
Petition under Section'151 CPC praying that in the circu rstances stated in the affidavit filed in sr rpport of the petition, the High Court may t e pleased to direct the respondent auth( rities not to interfere with the petitioner's J.ompany business of manufacture, sale and marketing and distribution of its Bio-p-orJucts i.e., Sharp, Pro Cromo, X-Carrt, Force, Reserve, Green Kick, Spectrum, 3link, Green Land, Nuclear, Nuton, For.une, 3D-N, Arrow, Argonn. Under the rrame and style of 'AMMA AGRI TECF' including from the licensed premises of the Petitioner's Company and its lealers/stockiests in the State of Telrrngana under the lnsecticides Act, 196 3 and Fertilizers (Control) Order 1985 penrl ng disposal of the above writ petition ar d to pass such other order or orders, .--
Counsel for the Petiiioner: SRl. RAVI PRAKASH N
Counsel for the Res pondents: cP FOR AGRICULTURE
The Court made the following: ORDER ,,-
t \
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
IV.P.No.1543 of 2o23
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Agriculture appearing for the respondents.
It is submitted by learned counsel for the petitioner that the subject matter of tJ:is writ petition is squarely covered by the common order passed by this Court in W.P.No.25293 of 2OI4 and batch, dated 10.07.2015, as modified by t}le Division Bench in W.A.Nos.ll22 and 1136 of 2O16, dated 03.11.2016. Further, tlris Court has disposed of W.P.No.48 of 2O2l and batch vide common order dated 07.O9.2021, conclusive portion of which reads as under:
2
nutrient. The petitioners sholl cooperate in drauinl;' th,z samples Until *Le exerci.se as directed cLboue:, i:; cornplete d, subject of course of petitioners subrnittinll applicafi ns uithin the time stipulated altoue c ttrT irt compliar ce of requirements of Clause 5 of the crde,' dated .3.O2.2O21 of the Gouemment of kdia petitione s ore entitled to manufacture and di,strib )te a:l contempt eted bg Clause 4 of tle order dateai. 23.02.2(21. Horaeuer, it is alu.tays open to the' competet t outhoitg to ueify uhether the prc,drtcts manufac ured and distibuted bA the petiti<tners zr,z in complian:e utith the statutory requirements and tcke actions u affanted bg lau-t.'
In terms of the aforestated orders and for -h e reasons
mentioned ther :in, this Writ Petition is also disposec of ir: terms
thereof. There shall be no order as to costs.
As a seqrel, the miscellaneous petitions pending, il'any,
sha-ll stand clos :d.
//TRUE COPY//
SD/-N.SRIHARI ASSISTANT REGISTRAR l)I SEC:TION OFFICER
I
To,
HIGH COUR''
CVBR, J
DATED: 2010112023
ORDER
ri.sT/\i'E
/l
:
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\ t 1 l[{ t21
WP.No.1543 of 2023
WP IS DISPC)SED OF WITHOU-T COSTS
Amma Agri Tech
The Prl. Secretary, Agriculture Department, Secretariat Buildings, State of Telangana
The Commissioner and Director of Agriculture, Government of Telangana
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
